Thesis-Anne-Vos-Masters-SBR-and-EU-Law-3

Hydraulic fracturing, also called 'fracking', is the injecting of fracturing fluid in the (shale) rock
formation with high pressure. This fracturing fluid consists of "a mixture consisting primarily of
water, sand and a small percentage of chemical substances (generally between 0.5% and 2%)." 17
In this manner, the rock breaks and the pores that trap the natural gas are connected. The
pressure of the injection breaks the rock strength, thereby opening fractures. Sand is injected into
these fractures, which will prevent the fractures from closing again when the pressure is released.
Thus, the natural gas can flow from the geological formation into the well. 18 After this process, circa
30-70% of the fracturing fluids mixed with the fluids from the rock formation rises to the surface.
This latter fluid is called 'flow-back' or 'waste water'. 19 Hydraulic fracturing is already used in some
other projects in the EU, e.g. for the extraction of methane and tight gas. However, the difference is
that in those projects the technique of low volume hydraulic fracturing was used, while with shale
gas projects the technique of high volume hydraulic fracturing is employed. This latter means the
use of much higher volumes of water (due to the low permeability of the geological formation) and
a larger injection of additives into the ground. 20 The technique of high volume hydraulic
fracturing is with regard to the extraction of
unconventional resources used in combination
with the technique of directional (mostly
horizontal) drilling. In practice this means the
horizontal drilling (and thereby extension) of the
geological formation that contains the
hydrocarbons. This increases the contact
between the borehole and the shale resources.
This usually happens at a depth of greater than
2 kilometres and the 'horizontal leg' of the well is
usually around 3 kilometres or more. 21 The
included image will clarify the explained
techniques. 22
2.2 Importance of shale gas in today’s society
2.2.1 Security of supply and EU competitiveness
In the past decade, the gas production of the EU has declined. Between 2004 and 2011, the EU
gas production has dropped with 30%. Moreover, this decline will continue in the future. 23 In 2011
the EU was for 67% dependent on the import of natural gas. 24 The import of gas has been
increased by 37% since 2000. This means that the EU generates a high dependency on gas import.
For the EU to have a (greater) security of the supply of gas, there are two steps she can take. First,
17
http://ec.europa.eu/environment/integration/energy/uff_context_en.htm
18
http://ec.europa.eu/environment/integration/energy/uff_context_en.htm
19
Legal Assessment (2012), p. 3.
20
Commission Staff Working Document Impact Assessment (2014), part 1/4, p. 18.
21
Legal Assessment (2012), p. 2.
22
Source image: http://econintersect.com/b2evolution/blog1.php/2012/05/01/fracking-regulation-don-t-ask-don-t-tell
23
2050 Energy roadmap, COM(2011) 885.
24
Communication from the Commission on the exploration and production of hydrocarbons (such as shale gas) using high
volume hydraulic fracturing in the EU, COM(2014) 23 final/2, 17 March 2014, p. 2.
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